DAR Central Office

• Phone 9204044
A.ddres.s: Efitptica/ Road, rnliman,.•- Republic of the Philippines
Quezon City, Philippines. 111J1 r DEPARTMENT OF AGB.ABIAN REFORM
Website: www.dar.gov.ph l' Defend and Assert the Rights of Fa...""ffiers

ADMINISTRATIVE ORDER NO. Q.3

Series ·of 2017

Subject: 2017 RULES FOR AGRARIAN LAW IMPLEMENTATION (ALI) CASES

Pursuant to Sections 49 and 50 of Republic Act (RA) No. 6657, or the "Comprehensive
Agrarian Reform Law of 1988" (CARL), as amended, and in order to foster a just;
inexpensive, and expeditious determination of agrarian cases, the following are the
Department of Agrarian Reform (DAR) rules governing the adjudication of cases involving
Agrarian Law Implementation (ALI), amending DAR AO 3, Series of 2003: ,

RULEI
Preliminary Provisions
Section 1. Title. These Rules shall be known as the "2017 Rules of Procedure for ALI
Cases 11
•

Se.ction 2. ALI Cases. These Rules shall govern all cases arising from or involving:
2.1 Classification and identification of landholdings for coverage under the agrarian
-reform program and the initial·issuance of Certificates of Land Ownership Award
(CLOAs) and Emancipation Patents {EPs), including protests or oppositions
thereto and petitions for lifting of such coverage;
2.2 Classification, identification, inclusion, exclusion, qualification, or disqualification
of potential/actual farmer-beneficiaries;
2.3 Subdivision surveys of land under Comprehensive Agrarian Reform Program
{CARP);
2.4 Recall, or cancellation of provisional lease rentals, Certificates of Land Transfers
{Cl Ts) and CARP Beneficiary Certificates {CBCs) in cases outside the purview of
Presidential Decree {PD) No. 816, including the issuance, recall, or cancellation of
Emancipation Patents {EPs) or Certificates of Land Ownership Award {CLOAs)
not yet registered with the Register of Deeds;
. 2.5 Exercise of the right of retention by landowneJ.t!

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2.6 Application for exemption from coverage under Section 10 of RA 6657, as
amended;
2.7 Application -for exemption pursuant to Department of Justice (DOJ)
Opinion No. 44 (1990);
2.8 Exclusion from CARP coverage of agricultural land used for livestock,
swine, and poultry raising;
2.9 Cases of exemption/exclusion of fishpond and prawn farms from the
coverage of CARP pursuant to RA 7881;
2.10 Issuance of Certificate of Exemption for land subject of
Voluntary Offer to Sell (VOS) and Compulsory Acquisition (CA) found
unsuitable for agricultural purposes;
2.1 tApplication for conversion of agricultural land to residential,. commercial,
industrial, or other non agriculturar uses and purposes including protests
or oppositions thereto; •
2.12Determination of the rights of agrarian reform beneficiaries to homelot ;
2.13Disposition of excess area of the tenant's/farmer..:beneficiary's landholdings;
2.14 Increase in area of tillage of a tenant/farrner..:beneficiary;
2.15 Conflict of claims in landed estates administered by DAR and its
predecessors;
2.16 Cases or disputes, arising from the need for continued possession and
installation of agrarian reform beneficiaries;
2.17Cases or disputes, arising from·or regarding the maintenance of
possession or reinstatement of actual tillers not bound by any tenurial
relations on landholdings ,devoted to agriculture;
2.18In cases with resolutions, orders or decisions which have attained finality
or have been executed, the DAR in the exercise of its adjudicatory powers
in the-resolution of cases involving ALI is not barred from taking
cognizance of new controversies arising from changes in the conditions of
the subject landholdings or parties; and
2.19Such other agrarian cases, disputes, matters or concerns referred by the
Secretary to the Regional Director, other DAR Officials, or in other cases
where the Secretary assumes jurisdiction.

Section 3. Construction. In accordance with Section 50 of RA 6657, as

amended, the DAR shall not be bound by •technical rules of procedure and
evidence but shall proceed to hear and decide all cases, disputes
2
or..,...
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controversies in a most expeditious manner, employing all reasonable means
to ascertain the facts of every case in accordance with justice, equity, aAd the
merits of the case. In case of doubt, the deciding authority shall liberally
construe or interpret theseRules in favor of carrying out the objectives of
agrarian •reform, to promote a just, expeditious, and inexpensive determination
of agrarian cases. All references in these Rules in the masculine gender form
(he/him/his) shall equally apply to the feminine gender form (she/her/hers) or
group form (it/its/their).
Section 4. Prejudicial Issue. When an ALI case raises a prejudicial issue,
such issue being a DARAS case, the Secretary/Regional Director shall dismiss
without prejudice the case pending resolution of the prejudicial question.
A prejudicial. issue is defined as that which arises in an ALI case the resolution
of which is a logical antecedent of the issue involved therein, and the
ognizance of
.which pertains to the DARAS.
Section 5. Referral of Cases. When a. party erroneously files a case under
Section 2 hereof t>efore the DARAS, the receiving official shall refer the case
to the proper DAR office for appropriate action within five {5) working days
after determination that said case is within the jurisdiction of the Secretary.
Likewise, when a party erroneously files a DARAB case before any office other
than the DARAS or its adjudicators, the receiving official shall, within five {5)
working days, refer the case to the DARAS or its adjudicators.

RllLEII
Jurisdiction over ALI Cases
Section 6. General Jurisdiction. The Regionat Director shall exercise primary
jurisdiction over all agrarian law implementation cases except when a separate
special rule vests primary jurisdiction in a different DAR office.
Section 7. Jurisdiction over Protests or Petitions to Lift Coverage. The
Regional Director shall exercise primary jurisdiction over protests against
CARP coverage or petitions to lift notice· of coverage. If the ground for the
protest or petition to lift CARP coverage is exemption or exclusion of the
subject land from CARP. coverage, the Regional Director shall either resolve
the same if he has jurisdiction, or refer the matter to the Secretary if jurisdiction
over the case belongs to the latter.
Section 8. Jurisdiction over Land Use Conversions and
Exemptions/Exclusions from CARP Coverage. Separate special rules
governing applications for land use conversion and exemption/exclusion from-/,,.

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CARP coverage shall delineate the jurisdiction of the recommending and
approving authorities thereunder.
Section 9. Appellate Jurisdiction. The Secretary shall exercise appellate
jurisdiction over all ALI cases, and may delegate the resolution of appeals to any
Undersecretary.
Section 10. Jurisdiction over Flashpoint Cases. Any certification declaring a
case as "flashpoint" in accordance with the criteria and procedure in DAR
Memorandum Circular (MC) No. 13 [1997] shall not divest any authority from the
DAR official for resolving the case. A flashpoint certification merely serves to
accord utmost priority to the resolution of the case subject thereof.

RULE Ill
Procedure
Section 11. Applicability. The procedures herein shall generally apply to all ALI
cases except for specific situations such as applications for land use conversion
and exemption/exclusion from CARP coverage which shall be governed by" the
special procedures therefor.
Section 12. Commencement of an Action.
12.1 Without or prior to issuance of notice of CARP coverage - When the land
in question has never been the subject of a notice of coverage, an ALI case
involving said land shall commence upon filing of the initiatory pleading or
application before the Regional Director or Provincial Agrarian Reform
Program Officer (PARPO).
12.1.1 Commencement at the DAR Regional Office (DARRO) - The
DARRO sha11 docket the case and transmit the case folder to
the PARPO within five (5) working days from filingJ with notice to
all parties. Upon receipt, the PARPO shall, within five (5) working
days and with notice to all parties, transmit the case folder to the
MARO who shall conduct the necessary mediation/conciliation
proceedings.
12.1.2 Commencement at the DAR Provincial Office (DARPO) - The
PARPO shall docket the case and submit a case brief to the
Regional Director within five (5) working days, with notice to all
parties. Within the same five (5) working-day period and with notice
to all parties, the PARPO shall transmit the case folder to the
MARPO who shall conduct the necessary mediation/conciliation
proceedings.

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 122After issuance of notice of coverage - Commencement shall be at the
DAR Municipal Office (DARMO). When the applicant/petitioner
commences the case at any other DAR office, the receiving office shall
transmit the case folder to the DARMO or proper DAR office in
accordance with the pertinent order and/or circular governing the subject
matter. Only the real-party-in interest may file a protest/opposition or
petition to lift CARP coverage and may only do so within sixty {60)
calendar days from receipt of the notice of coverage; a protesting party
who receives the notice of coverage by newspaper publication shall file
his protest I opposition / petition within sixty
{60} calendar days from publication date; failure to file the same within the
period shall merit outright dismissal of the case.
Section 13. Disclosure Statement. The petitioner shall disclose and certify
under oath, in the petition or its integral annex, that
(a) He is a party--in-interest or properly authorized by a party-in-interest;
(b) He has not commenced and/or is aware of any action or proceeding
involving the, same land, or a portion thereof, or issue in any court,
tribunal, or quasi-judicial agency; and to the best of his knowledge, no
such action or proceeding is pending in any court, tribunal, or quasi
judicial agency;
• (c) If there is any action or proceeding which is either pending or may .have
been terminated, he shall state the status thereof; and
(d) If he thereafter learns that a similar action or proceeding has been filed or
is pending before any court, tribunal, or quasi-judicial agency, he
undertakes to report within five (5) days therefrom to the DAR office where
the case for cancellation, is pending.
The failure to file the notarized disclosure statement; and/or the commission of
acts constituting forum shopping shall be a ground for dismissal of the
cancellation case without prejudice. •
Pursuant to AO 5, 2011, the Oath shall be administered by the Regional Director
or the PARPO.
Section 14. PauperLitigant. A party who is a farmer, agricultural lessee, share
tenant, farm worker, actual tiller, occupant, collective or cooperative of the
foregoing beneficiaries, or amortizing owner-cultivator, shall allege such fact in a
sworn statement and shall thereafter benefit from the privileges for pauper
litigants without need of further proof. He shall continue to enjoy such privileges
in au levels of the proceedings until finality of the case.
Section 15. Intervention. No intervention shall be given due course unless the
intervenor shows proof that he has a :ubstantial right or interest in the case "-/-
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 which he cannot adequately protect in another case. This notwithstanding,
potential farmer beneficiaries •have a substantial right, interest, and legal
personality to intervene. No intervenor shall, however, be anowed to file any
motion to postpone/extend/reset or any pleading which may in.any way delay
the case which he seeks to intervene in.
Section 16. Procedure.
16.1 Commencement. Except for applications for land use conversion and
exemption/exclusion from CARP coverage which shall follow separate
special rules, an ALI case shall commence with the filing of the proper
application or initiatory pleading at the DARMO I DARPO I DARRO. In
all instances, the MARO shall notify all tenants, leaseholders,
farmworkers, and occupants of the subject land of the initiation of the
case. Proof of notice to all the persons above-mentioned shall form part
of the records of the case. • '
16.2 After notifying aH parties, the MARO and Barangay Agrarian Reform
Committee (BARC} shall exert exhaustive efforts at mediation and
conciliation to persuade the parties to arrive at an amicable settlement or
compromise.
16.3 The issue of whether or not the land is subject to coverage under PD 27
or RA 6657 shall not be the subject of compromise.
16.4If mediation/conciliation fails, the MARO shall, within five (5} working
days from termination thereof, transmit the case folder to the PARO with
a written report explaining the reasons for the mediation/conciliation's
failure, furnishing all the parties with a copy of the written report.
• 16.5 Investigation. The PARO, or any Investigating Officer or Committee
which he or the Regional Director may designate, shall conduct
investigations and perform whatever is necessary to achieve a just,
expeditious, and inexpensive disposition of the case.
16.6 Record of proceedings. The proceedings shall be recorded by a
stenographer. In the absence of an available stenographer, the
Investigating Officer shall make a written summary of the proceedings,
including the substance of the evidence presented which shall be
attested to by the parties or their counsel and shall form part of the
records of the case. Should any party or counsel refuse to sign, the

;t
reason for such refusal shall be noted therein.
. 16.7.Ocular Inspection.

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 16.7.1 After giving all parties reasonable notice of the ocular inspection
schedule, ocular inspection shall proceed with or withou, t the
presence of any party who refuses to cooperate.
16.7.2 The ocular inspection team shall prepare an initial report which all
attending parties and BARG representatives shall sign. If anyone
refuses to sign, the ocular inspection team shall indicate the reason
for such refusal in the initial report.
16.8 Position paper. The investigating officer shall require the parties to
simultaneously submit their respective position papers within 10 days from
receipt of the Order attaching thereto the draft decision together with a soft
copy (in CD or USB) written in any popular word-processing program,
furnishing a copy thereof to all parties.
16.9Decision. Pursuant to Section 51 of RA 6657, which provides that "any case
or controversy before it shall be decided within thirty (30) days after it is
submitted for resolution", the appropriate authority shall promulgate its
decision within, thirty (30) days from receipt of the Investigating Officer's
recommendation. •
Section 17. Power to · Summon Witnesses and Compel Submission of
Documentary Evidence. The PARO and the RD shall have the power to
•summon witnesses, administer oaths, take testimony, require submission of
reports, and compel production of books and documents.
Section 18. Cease And Desist Order. tn cases where any party may suffer
grave or irreparable damage, or where the doing or continuance of certain acts
will render the case moot and academic, or where there is a need to maintain
•peace and order and prevent ir,jury or loss of life or property, the Secretary (or
whoever the Secretary may designate) may, motu proprio or at the instance of
any party, issue a Cease and Desist Order (COO) to prevent grave and
irreparable damage while awaiting resolution of the case. The Regional Director
may exercise the same authority for matters that are strictly within the confines
of his territorial jurisdiction. In this regard, the issuing authority may request the
assistance of law enforcement agencies to implement the COO.
Section 19. Power to Cite Direct and Indirect Contempts. The Secretary or the
Regional Director has the power to punish direct and indirect contempts in the same
manner and subject to the same penalties as provided in the Rules of Court in
accordance with Section 17 of EO 229 and Section 50 of RA 6657 as amended by RA
9700. Any party who fails to comply with the summons, orders or other issuances
pursuant to Sections 19 and 20 of this AO shall be cited in contempt by the Secretary

t
or the Regional Director.
Section 20. Prohibition Against Restraining Order or Preliminary
Injunction. 7
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 20.1 Pursuant to Section 55 of RA 6657, as amended by RA 9700, except for
the Supreme Court, no Court shall have jurisdiction to issue any restraining
order or writ of preliminary injunction against the Presidential Agrarian
Reform Council (PARC) or any of its duly authorized or designated
agencies, or the DAR, in any case, dispute or controversy arising from,
necessary to, or in connection with the application, implementation,
enforcement, or interpretation of RA 6657 and other pertinent laws on
agrarian reform. Likewise, pursuant to Section 68 of RA 6657, no
injunction, restraining order, prohibition or mandamus shall be issued by
the lower courts against the DAR, Department of Agriculture, the
Department of Environment and Natural Resources, and the Department of
Justice in their implementation of the Program.
Section 21. Furnishing a Copy of the Decision. The deciding authority shall
furnish a copy of the decision, not only to the parties' counsel/s or
representative/s, but also directly to the parties themselves as well as to .the
PARO, MARO, BARC, and all other DAR officials who took part in the case or
who may take part in its execution or implementation.
Section 22. Motion for Reconsideration - A party may file only one (1)
motion for reconsideration of the decision of the Regional Director, and may
do so only within a non-extendible period of fifteen (15) calendar days from
receipt
• of the decision, furnishing a copy of the motion to all other parties. The filing of
the motion interrupts the running of the reglementary period within which to
appeal. The Regional Director shall rule on the motion within thirty (30) days
from its filing date.
22.1If the motion for reconsideration is denied, the movant may perfect an
appeal before the Secretary within a non-extendible period of fifteen (15)
days from receipt of the resolution.
22.2If the motion for reconsideration is granted, resulting in the reversal of the
original decision, the losing party may perfect an appeal before the
Secretary within a non-extendible period of fifteen (15) days from receipt of
the new decision.
Section 23. Motion for Reconsideration of the Decision or Order of the
Secretary - In cases where the Secretary exercises exclusive original
jurisdiction, a party may file only one (1) motion for reconsideration of the
decision of the Secretary, and may do so only within a non-extendible period of
fifteen {15) calendar days from receipt of the decision, furnishing a copy of the
motion to all other parties. The filing of the motion interrupts the running of the
reglementary period within which to appeal. 1,..

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23.1 ff the motion for reconsrderation is denied, the movant may perfect an
appeal before the Secretary within a non-extendible period of fifteen (,15)
days from receipt of the resolution.
23.2 If the motion for reconsideration is granted, resulting in the reversal of the
original decision, the losing party may perfect an appeal before the Office of
the President within a non-extendible period of fifteen (15) days from receipt
of the new decision.

RULE IV
Appeals to the Secretary
Section 24. Gr:ounds. Appeal shall be given due course on the decision of the
Regional Director on the following grounds:
24.1 Serious errors in the findings of fact or conclusion of law which may cause
grave and irreparable damage or injury to the appellant; or
24.2 Coercion, fraud,' or clear graft and corruption in the issuance of a decision.
Section 25. Caption. The caption of all appeals, in addition to the standard lines
indicating the hierarchy of authority (first line: "Republic of the Philippines";
.second line: "Department of Agrarian Reform"; third line: "Office of the
Secretary"), shall likewise specifically address appeals to the nBureau of
Agrarian Legal Assistance" or "BALA", and refer to the appealing party as the
"appellant" and theadverse party the "appellee". The BALA shall assign a new
docket number to each appeal which shall appear above the old docket number
(enclosing the old docket number inside a parenthesis).
··section 26. When to Appeal. ·Appeals may be taken .within fifteen (15) days
from receipt of the adverse decision pursuant to Section 51 of RA 6657, as
amended, which provides that "any order or ruling or decision shall be final after
the lapse of fifteen (15) days from receipt of a copy thereof'.
Section 27. How to File the Appeal. Appeals from the decision of the Regional
Director shall be filed in the same regional office which issued the adverse
decision, a notice of appeal with proof of payment of the requisite appeal fee.
Official cashiers of any DAR office may receive payment of the requisite appeal
fee. The RD shall issue an Order if the appeal is perfected within five (5) days
from the receipt of the said Notice of Appeal. Non-perfection of the appeal within
the reglementary period merits dismissal of the appeal.
Section 28. Appeal Pleadings. The appellant shall submit an appeal brief with
the BALA within ten (10) days from perfection of the appeal, furnishing a copy
thereof to the adverse party and the Reg:onalDirector. The appellee may
submit--,,.
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a comment (not a motion to dismiss} within ten (10) days from receipt of the
appeal brief, furnishing a copy thereof to the appellant and the Regional Director.
If necessary, the BALA Director may conduct a clarificatory hearing. Ten (10)
days after the termination of the said hearing thereof, the BALA Director may
order the parties to simultaneously file their respective appeal memorandum.
Section 29. Record Transmittal. Upon receipt of the notice of appeal, the
DARRO of origin shall arrange each document therein in chronological order
according to date of receipt (the first-received document in the first page, so on
and so forth, until the last-received document in the last page); inscribe a page
number (by hand or with a paginating device) on each page and every page; and
thereafter the responsible officer at the DARRO shall affix his initials on each
and every page. When for special reasons a particular document in the records
requires that it be free from any form of marking, the pagination and affixing of
initials shall be made only upon photocopies thereof; the originals shall be in
separate envelopes while photocopies thereof shall form part of the main rollo
folder. The DARRO shall prepare a table of contents, which shall be ahead of
the first page of the records, and attach a photocopy of the appeal fee receipt in
front of the table of contents. Within ten {10) days from perfection of the appeal,
theDARRO shall transmit the records and all its accompanying envelopes to the
BALA. To enforce compliance with this Section, the BALA Director may, after
due investigation, recommend disciplinary action against the erring DARRO
official, including the Regional Director when necessary.
Section 30. Appeal Withdrawal. An appeal may be withdrawn by filing with the
BALA a motion to withdraw appeal at any time prior to the promulgation of the
appellate decision, except when the withdrawal is prejudicial to public interest.
The withdrawal may take effect only after the Secretary issues an order
approving the motion to withdraw.

RULEV
Appeals from the Secretary
Section 31. Motion for Reconsideration. A party may file only one (1) motion
for reconsideration of the decision of the Secretary or deciding authority, and
may do so only within a non-extendible period of fifteen (15) days from receipt of
the Secretary's decision, furnishing a copy of the motion to all other parties. The
filing of the motion interrupts the running of the reglementary period within which
to appeal. Upon receipt of the resolution on the motion for reconsideration, the
losing.party may elevate the matter to the Office of the President (OP)."'!,.

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Section 32. Appeal. Appeals from the decision of the Secretary may be taken to
the OP within fifteen (15) days from receipt thereof. The filing of an appeal, within
the proper period does not stay execution of the subject decision.

RULE VI
Finality and Execution
Section 33. Finality. Orders/decisions/resolutions shall become final and
executory after all parties have received an official copy thereof; after the lapse
of fifteen (15) days from the date of receipt by the last recipient of an official copy
thereof; and there is no motion for reconsideration nor appeal therefrom.
Section 34. Execution. Execution shall issue automatically as a matter of
course upon finality of the case. The Regional Director shall issue th necessary
certificate of finality within five (5) days from date of finality of a case. For cases
appealed to the Secretary that attained finality thereat, the BALA Director shaU
issue the necessary certificate of finality within five (5) days from the date of
finality. Upon completion of the certificate of finality, the Regional Director or
deciding authority may, upon motion or motu proprio, issue a writ of execution
ordering the MARO or appropriate DAR official to enforce the final
order/decision/resolution. For this purpose, the MARO or appropriate DAR
official may seek assistance from law enforcement agencies.

RULE VII
Transitory Provision

Section 35. Transitory. The provisions of this AO shall be applicable to all

cases filed on or after its effectivity.
RULE VIII
Final Provisions
Section 36. Suspension of Rules. The DAR Secretary may suspend the
application of these Rules in order to serve and protect the interest of justice.
Section 37. Access to Case Records. Subject to the provisions of DAR
Memorandum Circular No. 7, Series of 2011, as amended by MC No. 2, Series
of 2016, the records of a case are public documents.
Section 38. Repealing Clause. This Order modifies or repeals DAR-AO-3-2003
and all other issuances or portions thereof that are inconsistent herewith. -,,,.

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Section 39. Separability Clause. Any judicial pronouncement declaring as
unconstitutional any provision of this Order shall not affect the validity df the
other provisions herein.
Section 40. Effectivity Clause. This Order shall take effect ten (10) days after
its publication in two (2) national newspapers of general circulation, pursuant to
Section 49 of RA 6657, as amended.

Diliman, Quezon City, MAY t 2 2017.

AFAEL V. MARIANO
Secretary /'i

Published in two (2) National

Newspaper of General Circulation
1. The Manila Times
2. Malaya Business Insight
Date of Publication May 26, 2017

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 DAR Central Office
Phont'.: 456--2581
-s: Add ess: E iptica! Roaci, DHiman, Republic of the Phllippines
Quezon Citv;Philippines 1101
Website: www.dar.gov.ph DEPARTMENT OF AGBARIAN
REFORM
:>6lf.iilQ 1d .t'kStiei tc t!1e 1:iLtgiJ, zi ui }T i .r

CERTIFICATION

This is to certify that Administrative Order No. 03, Series of 2017 entitled "2017
RULES FOR AGRARIAN LAW IMPLEMENTAION (ALI) CASES" was published
today, 26 May 2017 in The Manila Times and Malaya Business Insight newspapers.

Issued this 26th day of May 2017 for whatever purpose it may serve.

ARI
FASPO Undersecretary and
Concurrent OIC-Director for
Public Assistance and Media
Relations Service

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